THE CORPORATION OF THE CITY OF KAWARTHA LAKES
BY-LAW 2009- 116
A BY-LAW TO REGULATE THE OPERATION OF ALL-TERRAIN VEHICLES ON
MUNICIPAL HIGHWAYS IN THE CITY OF KAWARTHA LAKES
Recitals
1.
The Highway Traffic Act, R.S.O. 1990, Chapter H.8, Section 191.8, subsection
(3) provides that a Council of a municipality may pass by-laws permitting the
operation of off-road vehicles with three or more wheels and low pressure
bearing tires on any highway within the municipality that is under the jurisdiction
of the municipality, or on any parts of such highway.
2.
Council deems it advisable to allow ATVs on certain roads as approved by
Resolution #CR2009-650.
Accordingly, the Council of The Corporation of the City of Kawartha Lakes enacts
this By-law 2009-116.
Section 1.00: Definitions and Interpretation
1.01
Definitions: In this by-law,
“All-Terrain Vehicles (ATVs)” as defined in Section 1 of the Ontario Regulation
316/03 as an off-road vehicle:
a)
b)
c)
d)
Has four wheels, the tires of which are all in contact with the ground
Has steering handlebars,
Has a seat that is designed to be straddled by the driver; and
is designed to carry a driver only and no passengers
“City”, “City of Kawartha Lakes” or “Kawartha Lakes” means The
Corporation of the City of Kawartha Lakes.
"City Clerk" means the person appointed by Council to carry out the duties of
the clerk described in section 228 of the Municipal Act, 2001;
“Council” or “City Council” means the municipal council for the City.
“Director of Public Works” means the Director of Public Works of the City or
the person who holds that position and his or her delegate(s) or, in the event of
organizational changes, another person designated by Council;
“Helmet” includes the requirements for a helmet for the purpose of section 19 of
the Off-Road Vehicles Act, R. S. O. 1990, c.O.4 and are those set out for
motorcycles in Regulation 610 of the Revised Regulations of Ontario, 1990 made
under the Highway Traffic Act. O. Reg. 317/03, s. 3.
“Highway” includes a common and public highway, street, avenue, parkway,
driveway, square, place, bridge viaduct or trestle, any part of which is intended
for or used by the general public for the passage of vehicles and includes the
area between the lateral property lines thereof; (“route’)
“Municipal Law Enforcement Officer” means a person appointed by Council
under the Police Services Act to enforce the By-laws of the City;
“Police Officer” means a person designated by Council in accordance with
subsection 142(4) of the Municipal Act, 2001 to enforce the provision of this Bylaw;
“VRTC” means the Victoria Rail Trail Corridor.
1.02
Interpretation Rules
(a) The Schedules attached to this by-law form part of the by-law, and are
enforceable as such.
By-law 2009-116
To Regulate All-Terrain Vehicles
Page 2 of 5
(b) The words “include” and including” are not to be read as limiting the meaning
of a word or term to the phrases or descriptions that follow.
1.03
Statutes: References to laws in this by-law are meant to refer to the statutes, as
amended from time to time, that are applicable within the Province of Ontario.
1.04
Severability: If a court or tribunal of competent jurisdiction declares any portion
of this by-law to be illegal or unenforceable, that portion of this by-law shall be
considered to be severed from the balance of the by-law, which shall continue to
operate in full force and effect.
Section 2.00: Location
2.01
North of Kawartha Lakes Road 8
That ATV’s shall be permitted on highways (streets) as defined in the Highway
Traffic Act, R.S.O. 1990, Chapter H.8, which are described in Schedule “A” –
ATV Routes, attached to this by-law.
2.02
North of Kawartha Lakes Road 8
That in addition to Section 2.01, that ATV’s shall be permitted on all highways
(streets) as defined in the Highway Traffic Act, R.S.O. 1990, Chapter H.8, north
of Kawartha Lakes Road 8, Kawartha Lakes Road 121 as it connects Kawartha
Lakes Road 8 in Fenelon falls, excluding all roads within the settlement area of
Fenelon Falls except those included in Section 2.03 and 2.04, Kawartha Lakes
Road 36 from the intersection of Kawartha Lakes Road 8 north to Main Street to
the Kawartha Lakes boundary in Bobcaygeon, and save and except Highway
35, for the express purpose of travelling from the place of residence to the
nearest designated ATV route.
2.03
Fenelon Falls – North to South Road Access Route
VRTC to Garnett Graham Park, east on Francis Street to Colborne Street, south
on Colborne Street to Lindsay Street, east on Elliot Street and south on Murray
Street to VRTC.
2.04
Fenelon Falls – South to North Road Access Route
VRTC, north on Murray Street, west on Elliot Street to Lindsay Street, north on
Lindsay Street to Colborne Street, west on Francis Street to Garnett Graham
Park to VRTC.
Section 3.00: Rate of Speed
3.01
That the ATV shall not be driven at a rate of speed greater than:
a) 20 km/hr if the speed limit established under the Highway
Traffic Act or by municipal by-law for that part of the
Highway is not greater than 50 km/hr; or
b) 50km/hr if the speed limit established under the Highway
Traffic Act or by municipal by-law for that part of the
Highway is greater than 50 km/hr.
Section 4.00: Operation of ATVs
4.01
That an ATV shall not be operated on highways unless it meets the equipment
requirements of Section 7-15 of Ontario Regulation 316/03 and it is operated in
accordance with Sections 16-24 of the Regulation.
4.02
That an ATV shall not be permitted to travel on a municipal highway if the
exhaust system has been altered over the manufacturer’s recommended decibel
level. Operation and use of ATV’s must be in accordance with
By-law 2005-025 (commonly known as the Noise By-law).
4.03
No person shall operate an ATV on any highways between 9:00 p.m.
and 7:00 a.m.
By-law 2009-116
To Regulate All-Terrain Vehicles
Page 3 of 5
4.04
No person shall operate an ATV over and upon any municipally owned or
municipally maintained land used as parks, playgrounds or for utility purposes.
4.05
No person shall travel on an ATV on any highway in a direction opposite to that
of traffic.
4.06
No person shall operate an ATV on a highway without wearing a helmet.
4.07
No person shall operate an ATV on a highway without a valid driver’s license
issued under section 32 of the Highway Traffic Act R.S.O. 1990, Chapter H.8.
and insurance.
4.08
No person shall travel on an ATV on any part of the highway other than the
shoulder of the highway. The exception to this provision is if the shoulder is
unsafe the ATV may be operated on the highway.
Section 5.00: Exemptions
5.01
This by-law does not apply to police, fire, ambulance, search and rescue or other
emergency vehicles while engaged in an emergency situation.
Section 6.00: Enforcements
6.01
That any person who contravenes any of the provisions of this by-law is guilty of
an offence and on Conviction, where a fine for the contravention is not otherwise
provided under the Highway Traffic Act, is liable to a fine under the Provincial
Offences Act.
6.02
This by-law may be enforced by every municipal law enforcement officer or
police officer.
Section 7.00: Administration and Effective Date
7.01
Administration of the By-law: The Director of Public Works is responsible for
the administration of this by-law.
7.02
Effective Date: This By-law shall come into force on the date it is finally passed.
By-law read a first and second time this 2nd day of June, 2009.
By-law read a third time, and finally passed, this 9th day of June, 2009.
________________________________
Mayor
________________________________
Clerk
By-law 2009-116
To Regulate All-Terrain Vehicles
Page 4 of 5
SCHEDULE “A” TO BY-LAW 2009-116
DESIGNATED ATV ROUTES
Road Name
Black River Rd.
From
Dalton/Digby Line
Chisholm Trail
(Road #6)
Road #45
(Taylor’s Rd.)
Hill’s Rd.
Black River Rd.
To
Chisholm Trail
(Road #6)
Road #45
Road #6
Hill’s Road
Taylor’s Rd.
Wolf Run Lane
Wolf Run Lane
Hill’s Rd.
Lake Dalrymple Rd.
Wolf Run Lane
Lake Dalrymple
Rd
Alvar Rd.
Alvar Rd.
Lake Dalrymple Rd.
Wylie Rd.
Alvar Rd.
Wylie Rd.
Victoria Rd.
Victoria Rd. (Road #35)
Alvar Rd.
North Mountain Rd.
Victoria Rd. (Road
#35)
North Mountain Rd.
South to North
Mountain Rd.
CKL Road #41
CKL Road #41
North East to
Bexley Laxton
Township Line
West to Deer
Lake Rd.
North-East to
Monck Rd. (Road
#45)
East through the
Hamlet of
Norland to Buller
Rd.
Kirkfield Rd.
(Road #6)
Lift Lock Road
Bexley Laxton
Township Line
Deer Lake Rd.
CKL Road #41
Monck Rd. (Road #45)
Deer Lake Rd.
Wylie Rd.
Alvar Rd.
Kirkfield Rd.
(Road #6)
Lift Lock Rd.
Wylie Road
Kirkfield Rd. (Road
#6)
Rockview Rd.
Rockview Rd.
Lift Lock Rd.
Rockview Rd.
Eldon Station Rd.
Portage Rd.
(Road #48)
Rockview Rd.
Portage Rd.
(Road #48)
Eldon Station Rd.
Sandringham Rd.
Eldon Station Rd.
Lorneville Rd.
Lorneville Rd.
Sandringham Rd.
Windemere Rd.
Windemere Rd.
Lorneville Rd.
Woodville Rd.
(Road #9)
Windemere Rd.
Glenarm Rd. (Road #8)
Sandringham Rd.
Northline Rd,
Glenarm Rd. (Road
#8)
Woodville Rd.
(Road #9)
The West Limit of
the Village of
Woodville
East to Road #36
(Village of
Bobcaygeon)
North to
Somerville 7th
Conc. Rd.
Bexley Laxton
Township Line
Sandringham Rd.
Type of Road
Open Road
Allowance
Open Road
Allowance
Open Road
Allowance
Part Open Road
Allowance – Part
unopened
Unopened Road
Allowance
Open Road
Allowance
Open Road
Allowance
Open Road
Allowance
Open Road
Allowance
Open Road
Allowance
Open Road
Allowance
Open Road
Allowance
Open Road
Allowance
Open Road
Allowance
Open Road
Allowance
Open Road
Allowance
Part Open Road
Allowance – Part
unopened
Unopened Road
Allowance
Open Road
Allowance
Open Road
Allowance
Open Road
Allowance
Open Road
Allowance
Open Road
Allowance
Open Road
Allowance
Open Road
Allowance
Open Road
Allowance
By-law 2009-116
To Regulate All-Terrain Vehicles
Page 5 of 5
Road Name
Somerville 7th Conc.
Rd.
Baseline Rd.
(Road #42)
Somerville 11th Conc.
Rd.
Woodcock Line
Monck Rd.
(Road #45)
Buller Rd.
From
Northline Rd.
Somerville 7th
Conc. Rd.
Sticky Lane
Somerville 11th
Conc. Rd.
Woodcock Line
Monck Rd. (Road
#45)
Boundary Rd. (with
Lutteworth Twp.)
Road #121
#380 Boundary Rd.
Road #121
South Limits of the
Village of Kinmount
Somerville 11th Conc.
Rd.
Pinery Rd.
Road #121
Burnt River Rd.
(Road #44)
Somerville 6th Conc.
Rd.
Somerville 3rd Conc.
Rd.
Boundary Rd.
Somerville 11th
Conc. Rd.
Pinery Rd.
Burnt River Rd.
(Road #44)
Brook Rd.
To
West to Baseline
Rd. (Road #42)
Sticky Lane
Type of Road
Open Road
Allowance
East to
Woodcock Line
North to Monck
Rd. (Road #45)
West to Buller
Rd.
North to
Boundary Rd.
With Lutterworth
Twp.
West to Road
#121
South to the
Hamlet of
Kinmount
South to
Somerville 11th
Conc. Rd.
West to Pinery
Rd.
South West to
Burnt River Rd.
South to
Somerville 6th
Conc. Rd.
West to Northline
Rd.
East to Road #49
Unopened Road
Allowance
Open Road
Allowance
Open Road
Allowance
Open Road
Allowance
Open Road
Allowance
Open Road
Allowance
Open Road
Allowance
Open Road
Allowance
Open Road
Allowance
Open Road
Allowance
Open Road
Allowance
Part Open Road
Allowance – Part
unopened.